Shong-ching Tong, Plaintiff-appellant, v. Paul Turner; Ramona Godoy Perez; Zaida Heraldz,defendants-appellees, 67 F.3d 308 (9th Cir. 1995)

MEMORANDUM^** 

Shong-Ching Tong appeals pro se the district court's dismissal of his civil rights action seeking damages and injunctive relief against two justices and a deputy clerk of the California Court of Appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm because the district court lacked subject matter jurisdiction over Tong's action.

Federal district courts lack subject matter jurisdiction to review the final determinations of a state court in judicial proceedings. Branson v. Nott, No. 94-55332, slip op. 9353, 9361 (9th Cir. Aug. 1, 1995). "This is true even when the challenge to a state court decision involves federal constitutional issues." Id.

In his complaint, Tong challenges prior decisions of the California Court of Appeal denying his mandamus petition, declaring him to be a vexatious litigant, and dismissing his appeal. The district court lacked subject matter jurisdiction to review Tong's impermissible collateral attack on prior California state court decisions. See id. at 9362-63. We therefore affirm the district court's dismissal of Tong's action.

AFFIRMED.